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1993 Supreme(SC) 115

S. C. AGRAWAL, M. N. VENKATACHALIAH, L. M. SHARMA, J. S. VERMA, K. JAYACHANDRA REDDY
Manilal Singh – Appellant
Versus
H. Borobabu Singh – Respondent


Advocates:
A.Subhashini, D.P.GUPTA, Gaurav Agrawal, K.SWAMY, KAPIL SIBAL, L.K.PUNAM, MILON BANERJI, S.JANANI, S.K.BHATTACHARJEE, SHIV SURI, V.C.MAHAJAN, VIJAY VERMA

Judgment

ORDER - This matter came up for our consideration on December 8, 1992 pursuant to the order dated November 24, 1992, to decide the appropriate order which needs to be made in the existing situation. A brief resume of the events leading to the present stage may first be given.

2. This Court has held that the Speaker while deciding the question of disqualification of a Member of the Legislative Assembly under the Tenth Schedule to the Constitution acts as a statutory authority, in which capacity the Speakers decision is subject to judicial review by the High Court and this Court. Pursuant thereto, certain orders were made by this Court in proceedings arising out of the order of disqualification of certain members, made by the contemner, Dr. H. Borobabu Singh who holds the office of Speaker of the Manipur Legislative Assembly. In spite of the clear decision of this Court that an order made under the Tenth Schedule by the Speaker relating to the disqualification of a Member of the Legislative Assembly is subject to judicial review and the Speaker while making an order under the Tenth Schedule acts merely as a statutory authority amenable to the courts jurisdiction in that capaci































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